RELATES TO:

KRS 224.20-100, 224.20-110, 224.20-120, 40 C.F.R. 50, 51, 52, 53, 58, 75, 81.318, 42 U.S.C. 7401-7671q

STATUTORY AUTHORITY:

KRS 224.10-100(5), 224.20-110, 42 U.S.C. 7407

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 224.10-100(5) authorizes the cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution. This administrative regulation establishes the designationdesignates the status of all areas of the Commonwealth of Kentucky with regard to attainment of the ambient air quality standards.

1. Section 1. Definitions.

   1. (1) "Rest of state" means the remainder of the state has been designated and identified on a county by county basis.
   2. (2) "Road" means a Kentucky route, a county road, a lane, or a U.S. route, highway, or interstate.
   3. (3) "Statewide" means the entire state has been designated on a county by county basis.

2. Section 2. Attainment Status Designations.

   1. (1) The attainment status of areas of the Commonwealth of Kentucky with respect to the ambient air quality standards for carbon monoxide, lead, nitrogen oxides, ozone, particulate matter, and sulfur dioxide shall be asis listed in Sections 4 through 10 of this administrative regulation.
   2. (2) Within sixty (60) days of revision by the U.S. Environmental Protection Agency (U.S. EPA) of a national ambient air quality standard, the cabinet shall review applicable data and submit to the U.S. EPA a revision to the attainment - nonattainment list pursuant to 42 U.S.C. 7407(d)(1).
   3. (3) A road, junction, or intersection of two (2) or more roads as used in Section 7 of this administrative regulation that delineatesdefines a nonattainment boundary for an area that is a portion of a county designated as nonattainment for ozone for any classification except marginal, shall include as nonattainment an area extending 750 feet from the center of the road, junction, or intersection.
3. Section 3. Attainment Timetable. Primary and secondary ambient air quality standards shall be attained as expeditiously as practicable.
4. Section 4. Attainment Status Designations for Carbon Monoxide (CO). 1971 Standard: Designated AreaDesignation TypeStatewideUnclassifiable/Attainment
5. Section 5. Attainment Status Designations for Lead (Pb). 2008 Standard: Designated AreaDesignation TypeStatewideUnclassifiable/Attainment

6. Section 6. Attainment Status Designations for Nitrogen Oxides (NO₂).

   1. (1) 1971 Annual Standard: Designated AreaDoes Not Meet Primary StandardsCannot Be Classified or Better Than StandardsStatewide X
   2. (2) 2010 One (1) Hour Standard: Designated AreaDesignation TypeStatewideUnclassifiable/Attainment

7. Section 7. Attainment Status Designations for Ozone (O₃).

   1. (1) The 1971 One (1) Hour Standard was revoked effective June 15, 2005, for all areas in the Commonwealth of Kentucky. The Cincinnati-Hamilton, Edmonson County, Huntington-Ashland, Lexington-Fayette, Louisville, Owensboro, and Paducah areas shall be considered maintenance areas for the one (1) hour national ambient air quality standards for the purposes of 40 C.F.R. Part 51, Subpart X.
   2. (2) 1997 Eight (8) Hour Primary and Secondary Standard: Designated AreaDesignation TypeBoone CountyAttainment⁽¹⁾Boyd CountyAttainment⁽¹⁾Bullitt CountyAttainment⁽¹⁾Campbell CountyAttainment⁽¹⁾Christian CountyAttainment⁽¹⁾Jefferson CountyAttainment⁽¹⁾Kenton CountyAttainment⁽¹⁾Oldham CountyAttainment⁽¹⁾Rest of stateUnclassifiable/AttainmentFootnote: ⁽¹⁾ Existing sources located in areas previously designated as nonattainment shall continue to comply with all applicable conditions pursuant to 401 KAR Chapters 59 and 61.
   3. (3) 2008 Eight (8) Hour Primary and Secondary Standard: Designated AreaDesignation TypeBoone County (part)2000 Census tracts: 701, 702, 703.01, 703.04, 703.05, 703.06, 703.07, 703.08, 703.09, 704.01, 704.02, 705.01, 705.02, 706.03Attainment⁽¹⁾Campbell County (part)2000 Census tracts: 501, 502, 503, 504, 505, 506, 511.01, 511.02, 512, 513, 519.01, 519.03, 519.04, 521, 522, 523.01, 523.02, 524, 525, 526, 528, 529, 530, 531Attainment⁽¹⁾Kenton County (part)2000 Census tracts: 603, 607, 609, 610, 611, 612, 613, 614, 616, 636.03, 636.04, 636.05, 636.06, 638, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655.01, 655.02, 656, 657, 658, 659, 668, 669, 670, 671Attainment⁽¹⁾Rest of stateUnclassifiable/AttainmentFootnote: ⁽¹⁾ Existing sources located in areas previously designated as nonattainment shall continue to comply with all applicable conditions pursuant to 401 KAR Chapters 59 and 61.
   4. (4) 2015 Eight (8) Hour Primary and Secondary Standard: Designated AreaDesignation TypeClassificationBoone County (part)The entire county except for 2010 U.S. Census Tracts 706.01 and 706.04NonattainmentMarginalBullitt CountyNonattainmentMarginalCampbell County (part)The entire county except for 2010 U.S. Census Tracts 520.01 and 520.02NonattainmentMarginalJefferson CountyNonattainmentMarginalKenton County (part)The entire county except for 2010 U.S. Census Tracts 637.01 and 637.02NonattainmentMarginalOldham CountyNonattainmentMarginalRest of stateAttainment/Unclassifiable

8. Section 8. Attainment Status Designations for PM_2.5.

   1. (1) 1997 Annual Primary and Secondary Standard: Designated AreaDesignation TypeBoone CountyAttainment⁽¹⁾Boyd CountyAttainment⁽¹⁾Bullitt CountyAttainment⁽¹⁾Campbell CountyAttainment⁽¹⁾Jefferson CountyAttainment⁽¹⁾Kenton CountyAttainment⁽¹⁾Lawrence County (part)The area described by U.S. Census 2000 block group identifier 21-127-9901-6Attainment⁽¹⁾Rest of stateUnclassifiable/AttainmentFootnote: ⁽¹⁾ Existing sources located in areas previously designated as nonattainment shall continue to comply with all applicable conditions pursuant to 401 KAR Chapters 59 and 61.
   2. (2) 2012 Annual Primary Standard: Designated AreaDesignation TypeStatewideUnclassifiable/Attainment
   3. (3) 1997 Twenty-four (24) Hour Primary and Secondary Standard: Designated AreaDesignation TypeStatewideUnclassifiable/Attainment
   4. (4) 2006 Twenty-four (24) Hour Primary and Secondary Standard: Designated AreaDesignation TypeStatewideUnclassifiable/Attainment

9. Section 9. Attainment Status Designations for Sulfur Dioxide (SO₂).

   1. (1) 1971 Primary and Secondary Standard: Designated AreaDoes Not Meet Primary StandardsDoes Not Meet Secondary StandardsCannot Be ClassifiedBetter Than National StandardsStatewide X
   2. (2) 2010 Primary Standard:
10. Section 10. Attainment Status Designations for Total Suspended Particulates (TSP). 1971 Standard: Designated AreaDoes Not Meet Primary StandardsDoes Not Meet Secondary StandardsCannot Be ClassifiedBetter Than National StandardsBell County XBoyd County X That portion of Bullitt County in Shepherdsville XThat portion of Campbell County in Newport XThat portion of Daviess County in Owensboro bordered by the Ohio River on the north, by Frederica Street projected to the river on the west, by Fourth Street and U.S. 60 on the south, and by the Beltline (KY 212) projected to the river on the east X That portion of Henderson County in Henderson X Jefferson County X That portion of Lawrence County in Louisa X McCracken County XThat portion of Madison County in Richmond X Marshall County XMuhlenberg County XThat portion of Perry County in Hazard X That portion of Pike County in Pikeville X That portion of Whitley County in Corbin XRest of state X

History

(5 Ky.R. 364; 986; eff. 6-6-1979; 7 Ky.R. 226; eff. 12-3-1980; 577; eff. 3-4-1981; 8 Ky.R. 1044; eff. 9-22-1982; 14 Ky.R. 1598; eff. 4-14-1988; 17 Ky.R. 407; eff. 11-15-1990; 19 Ky.R. 1101; 1581; eff. 2-8-1993; 24 Ky.R. 650; eff. 11-12-1997; TAm eff. 8-9-2007; 43 Ky.R. 242, 396; eff. 10-6-2016; 46 Ky.R. 651; eff. 11-19-2019; 48 Ky.R. 2278, 2729; eff. 6-9-2022.)

FILED WITH LRC: April 13, 2022

CONTACT PERSON: Lisa Jones, Environmental Scientist III, Division for Air Quality, 300 Sower Boulevard, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 782-1288, fax (502) 564-4245, email Lisa.C.Jones@ky.gov.